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2011-爆料网AT-114, Bertucci
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Mr Bertucci. Recalling that compensation in the absence of actual injury is without legal basis, 爆料网AT held that 爆料网DT erred in law. However, acceding in part to the cross-appeal by Mr Bertucci, 爆料网AT held that when the disciplinary procedure does not bear out allegations against a staff member that may have been considered during a preliminary investigation, entitlements that may have been lawfully withheld pursuant to administrative instruction ST/AI/2004/3 must be paid in full, including interest. 爆料网AT held that the award...
2011-爆料网AT-111, Sprauten
爆料网AT considered an appeal by the Secretary-General limited to Case 2. 爆料网AT held that it did not matter that the start date of the contract was not mentioned in the offer itself, as the emails showed that this date was clearly given as an essential condition for the offer and that it was only subject to minimal change. 爆料网AT held that 爆料网DT distorted the facts by failing to recognise that, in this case, the start date was an essential condition for the offer and that, by continuing to contest it, Mr Sprauten had never unconditionally accepted the offer made to him. 爆料网AT held that 爆料网DT committed...
爆料网DT/2011/051, Mills-Aryee
i. Prima facie unlawfulness: The Tribunal found that prima facie unlawfulness had been established because the Applicant identified anomalies in the processes used by 爆料网ON. ii. Particular urgency: The Tribunal noted that the selection decision had been communicated to the selected candidate by 爆料网ON before the Applicant filed her application. As the contested decision had been implemented, the element of particular urgency had not been met. iii. Irreparable damage: The Tribunal found that the Applicant established irreparable damage in that there would be harm to her reputation and career...
2010-爆料网AT-100, Abboud
爆料网AT affirmed that the circumstances of the allegation of unsatisfactory conduct in the present case created the obligation to initiate a preliminary investigation. However, 爆料网AT noted that 爆料网DT erred in awarding damages to Mr Abboud while finding that he had not suffered any economic loss and that no actual damage existed. 爆料网AT rescinded the 爆料网DT’s judgment to the extent that it awarded damages to Mr Abboud.
2011-爆料网AT-101, Mezoui
爆料网AT had before it: an application for interpretation of judgment No. 2010-爆料网AT-043 on the issue of to which 爆料网DT Registry 爆料网AT remanded Ms Mezoui’s case; two appeals from 爆料网DT Order Nos. 71 (GVA/2010) and 73 (GVA/2010); and a motion for joinder and fast-track hearing. 爆料网AT held that the application for interpretation was a ruse to have 爆料网AT interfere with 爆料网DT’s assignment of venue. 爆料网AT held that venue was a matter for the trial court’s discretion, with which it would not interfere. 爆料网AT held that it would not, generally, entertain interlocutory appeals. 爆料网AT denied the application for...
2011-爆料网AT-125, Beaudry
爆料网AT considered an appeal against judgment No. 爆料网DT/2010/146 on compensation by the Secretary-General. 爆料网AT held that once a judgment on the merits has been vacated and no liability on the part of the Administration has been established, a judgment on compensation cannot stand if it would be contrary to the final decision on the merits of the case. 爆料网AT held that an appeal against the judgment on compensation was not necessary if the legal basis for the award of compensation by 爆料网DT no longer existed. 爆料网AT dismissed the appeal (as unnecessary) and vacated the 爆料网DT judgment.
2011-爆料网AT-117, Lutta
The Appellant appealed the amount of compensation awarded for loss of chance. 爆料网AT noted that there was no set way for the trial court to set damages for loss of chance of promotion and that each case turned on its facts. 爆料网AT noted that it would generally defer to the trial court’s discretion. 爆料网AT did not accept the Appellant’s argument that the trial court was required to assess the percentage chances that he would have been selected: 爆料网AT held that while it had approved that procedure as one method of assessing damages, it respected the opinion of the trial judge as to how to determine...
2011-爆料网AT-118, Abu-Hawaila
爆料网AT was not persuaded that 爆料网DT erred in its judgment. 爆料网AT held that, at the time of receipt of his settlement offer, the time limit to file the application to 爆料网DT had already run for approximately three weeks and nothing prevented the Appellant from filing his application or applying for a waiver or extension of the time limit. 爆料网AT held that the exceptional suspension of time limits provided for under Article 8(1) of the 爆料网DT Statute and provisional Staff Rule 11. 1 applied only to informal dispute resolution conducted through the Office of the Ombudsman. 爆料网AT held that the settlement...
2011-爆料网AT-119, Koumoin
爆料网AT held that, except for the Appellant’s own assertion, it found no evidence to show that he was a genuine whistle-blower. 爆料网AT held that it was not a case of retaliation following a report of possible misconduct, but instead a disagreement between the Appellant and management regarding work matters which was properly addressed in the context of the performance assessment process. 爆料网AT held that the non-renewal of the Appellant’s contract was not retaliatory but based on his performance rating which had been reviewed and confirmed after a rebuttal opportunity was given to the Appellant. 爆料网AT...
2011-爆料网AT-120, Gabaldon
爆料网AT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before 爆料网AT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of...
2011-爆料网AT-121, Bertucci
爆料网AT held that the 爆料网DT judge had sufficient grounds to order the production of the documents withheld by the Administration concerning the selection process that led to the contested administrative decision. 爆料网AT stated the principle that 爆料网DT has the right to order the production of any document relevant for the purposes of the fair and expeditious disposal of its proceedings. If the Administration opposes 爆料网DT’s order to produce a certain document in its possession, it may, with sufficiently specific and justified reasons, request 爆料网DT to verify the confidentiality of the document in...
2011-爆料网AT-122, Rolland
爆料网AT considered an appeal by Ms Rolland and a cross-appeal against the award of damages by the Secretary-General. 爆料网AT held that the selection process conducted by an interview panel can be rescinded under rare circumstances. 爆料网AT noted that, in general, when candidates have received fair consideration, discrimination and bias are absent, proper procedures have been followed, and all relevant material has been taken into consideration, the selection shall be upheld. 爆料网AT held that Ms Rolland failed to discharge the burden of proof, by showing through clear and convincing evidence that she was...
2011-爆料网AT-123, Messinger
爆料网AT held that 爆料网DT correctly found that it did not have jurisdiction to conduct a de novo investigation of the Appellant’s formal complaint of harassment; rather its task was to determine if there was a proper investigation into the allegations. 爆料网AT held that 爆料网DT awarded adequate compensation to the Appellant for the infringement of his rights with regard to the harassment complaint. 爆料网AT held that 爆料网DT did not make any errors of procedure in deciding upon the weight to be given to written statements tendered by the Appellant. 爆料网AT held that it was not persuaded that 爆料网DT made any errors of...
2011-爆料网AT-124, Appellant
爆料网AT held that the Appellant had failed to show how 爆料网DT exceeded its jurisdiction or competence or failed to exercise its jurisdiction. 爆料网AT held that the Appellant had not identified an error on a question of law. 爆料网AT held that it had no reason to disagree with 爆料网DT’s holding that no institutional prejudice, or retaliation, played a part in the non-renewal of the Appellant’s contract. 爆料网AT noted that the decision to take the Appellant’s portfolio away from him had been taken before he had made any report of wrongdoing. 爆料网AT noted that the Appellant’s non-selection for the 11 posts involved...
2011-爆料网AT-116, Iskandar
爆料网AT held that, as a consequence of paragraph 11 of the Inter-Organisation Agreement, the 爆料网, through 爆料网AMID, undertook to extend the protection of its system of administration of justice to the Appellant in respect of administrative decisions taken by 爆料网AMID during the term of the Loan Agreement. 爆料网AT noted that under this provision, the Appellant could only appeal against the administrative decisions of WFP before ILOAT. 爆料网AT held that, without access to the administration of justice system within the 爆料网, the Appellant would have no right to an effective remedy from the competent tribunal in...
2011-爆料网AT-115, Islam
爆料网AT noted that the reason given for the non-renewal of the Appellant’s contract was a restructuring and that the Appellant conceded that the restructuring was properly done. 爆料网AT agreed with 爆料网DT that the opinion expressed by the Appellant’s Chief, that his performance deficiencies and shortcomings could justify the non-renewal of his contract, was immaterial. 爆料网AT held that the Administration provided the Appellant with legitimate reasons for the non-renewal of his appointment. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
2011-爆料网AT-104, Sanwidi
爆料网AT considered an appeal of judgment No. 爆料网DT/2010/061 on compensation. 爆料网AT held that, as it had previously overturned the judgment on the merits (which found in favour of Mr Sanwidi), the foundation for an award of compensation no longer existed and the appeal was moot. 爆料网AT held that the judgment on compensation was automatically vacated when it overturned the judgment on the merits. 爆料网AT dismissed the appeal and vacated the 爆料网DT judgment.
2011-爆料网AT-105, Fuentes
爆料网AT considered appeals from both the Secretary-General and Ms Fuentes. 爆料网AT held that 爆料网DT correctly found her appeal regarding an investigation by OIOS to be time-barred. 爆料网AT held that 爆料网DT correctly held that it was the special procedure under Administrative Instruction ST/AI/1998/9 and not former Staff Rule 111(2)(a) that applied to appeals of classification decisions and that the Administration had failed to respond to Ms Fuentes’ appeal against the reclassification decision. 爆料网AT dismissed both appeals and affirmed the 爆料网DT judgment.
2011-爆料网AT-106, Piskolti
爆料网AT considered Mr Paskolti’s application for revision of former 爆料网 Administrative Tribunal judgment No. 1459. 爆料网AT held that Article 11 of the 爆料网AT Statute and Article 24 of the 爆料网AT Rules of Procedure did not confer jurisdiction on 爆料网AT to review a judgment of the former 爆料网 Administrative Tribunal. 爆料网AT dismissed the application for revision on the grounds of non-receivability.
2011-爆料网AT-107, Chen
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 爆料网AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 爆料网 staff. 爆料网AT held that budgetary considerations could not trump the requirement of equal treatment. 爆料网AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 爆料网DT awarded damages from the correct date. 爆料网AT held that the Administration’s allegation that 爆料网DT usurped the Secretary-General’s...